R. Praveen Kumar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.22213 of 2023 R.Praveen Kumar ... Petitioner Vs.
1.State Rep. by The Inspector of Police, H-1, Washermenpet Police Station, (Crime No.313 of 2023) 2.Jesema
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.313 of 2023 on the file of the respondent police and quash the same.
For Petitioner : Mr.R.Parthiban For Respondent : Mr.A.Gopinath Government Advocate for R1 1/4
O R D E R
The Criminal Original Petition has been filed to quash the FIR in Crime No.313 of 2023, pending on the file of the 1st respondent.
2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. The compromise affidavit dated 30.08.2023 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.N.Santhakumar, Sub Inspector of Police, H-1, Washermenpet Police Station, Chennai [Mobile: 9444166436]. In the affidavit it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.313 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.313 of 2023, on the file of the 1st respondent Police.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.313 of 2023, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1500/- (Rupees One Thousand Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week 3/4
N.ANAND VENKATESH, J ssr from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 6.Post this case under the caption 'For Reporting Compliance' on 29.01.2024.
04.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr Note: Issue Order Copy on 12.01.2024 To 1.The Inspector of Police, H-1, Washermenpet Police Station.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.22213 of 2023 4/4